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(영문) 울산지방법원 2018.07.04 2017가합24850
기타(금전)
Text

1. The Defendant: KRW 55,00,000 for Plaintiff A, D, and G, respectively, KRW 50,000 for Plaintiff B, C, E, F, and I; and KRW 50,000 for each of them; and Plaintiff H 46,00 for each of them.

Reasons

1. Basic facts

A. The defendant's establishment and the plaintiffs' subscription 1) The defendant's housing construction project (hereinafter "the project of this case") under the Housing Act and the Housing Act in Ulsan-gu North Korea K.

(2) On October 27, 2015, in order to promote the project, the local housing association is established with the authorization of establishment of the housing association from North Korea in Ulsan Metropolitan City with the authorization of establishment from the head of the Gu. 2) The Plaintiffs entered into each contract (hereinafter “instant contract for joining the association”) with the Defendant’s members. Article 2 of the contract for joining the association at that time stipulates, “When the amount of the association’s payment is refunded for reasons such as disqualified (disqualification), withdrawal from the association (cancellation, cancellation, failure to implement the association’s business), etc., the down payment shall be refunded after the settlement of the expenses, and the service fee shall not be refunded. In addition, the time of repayment shall be determined in accordance with the rules of the association and the provisions of the trust company.”

3 The Plaintiffs paid administrative service charges, down payment and advance payment to the Defendant pursuant to the instant partnership subscription agreement as follows:

Plaintiff

가입일 행정용역비 계약금 선납금 합계 1차 2차 1차 2차 3차 A 2015. 6. 29. 5,000,000 10,000,000 5,000,000 17,500,000 27,500,000 5,000,000 70,000,000 B 2015. 6. 23. 5,000,000 10,000,000 5,000,000 17,500,000 27,500,000 65,000,000 C 2015. 6. 20. 5,000,000 10,000,000 5,000,000 17,500,000 27,500,000 65,000,000 D 2015. 6. 26. 5,000,000 10,000,000 5,000,000 17,500,000 27,500,000 5,000,000 70,000,000 E 2015. 6. 24. 5,000,000 10,000,000 5,000,000 17,500,000 27,500,000 65,000,000 F 2015. 8. 1. 5,000,000 10,000,000 5,000,000 17,500,000 27,500,000 65,000,000 G 2015. 6. 29. 5,000,000 10,000,000 5,000,000 17,500,000 27,500,000 5,000,000 70,000,000 H 2015. 6. 23. 5,000,000 10,000,000 5,000,000 13,000,000 23,000,000 5,000,000 61,000,000 I 2015. 6. 30. 5,000,000 10,000,000 5,000,000 17,500,000 27,500,000 65,000,000

B. The Defendant’s association rules, which were enforced from October 27, 2015, the Defendant’s association establishment authorization date, is below the Defendant’s association rules.

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